State High Court to Hear Home School Inspection Case -- 11/11/1998

State High Court to Hear Home School Inspection Case

11 November, 1998

By Home School Legal Defense Association
CNS News Information

Boston–Can a school district require home schooling parents to submit to warrantless searches of their homes as a condition of approval of their instructional program?

That is the issue to be argued in Michael Brunelle, et al. v. Lynn Public Schools, which is now before the Supreme Judicial Court of Massachusetts. The Lynn, Massachusetts, Public School District is the only school district in the nation that demands home visits to observe and evaluate the parents' home education program. Only in Lynn can a home schooler expect a knock on the door from a government official demanding entry in order to inspect their school.

Oral arguments in the case are scheduled for Thursday, Nov. 5, 1998, at 9 a.m. at the Suffolk County Courthouse, Boston, Massachusetts, Room 1300. According to the clerk's office the case is fourth on the docket.

The Home School Legal Defense Association brought this suit on the behalf of Michael and Virginia Brunelle and Stephen and Lois J. Pustell. The Brunelles have five children: Rebecca, 16; Sarah, 14; Michael, 10; Hannah, 8; and Caleb, 7. Mrs. Brunelle was certified to teach elementary education, and Mr. Brunelle has a Master of Arts Degree in Christian Education. The Pustells have three children, Geneva, 11; Lydia, 8; and Stuart, 4. Mrs. Pustell was certified for elementary education in Massachusetts, and Mr. Pustell was certified in secondary education (mathematics) in Massachusetts.

In a similar case, the Rhode Island Commissioner of Education declared in 1986 that such home visits violated the 4th Amendment and were unconstitutional. The commissioner struck down the practice of home visits and set a precedent for the entire state. The commissioner stated that "both the 4th Amendment and also the constitutionally derived right to privacy and autonomy which the U.S. Supreme Court has recognized, protect individuals from unwanted and warrantless visits to the home by agents of the state."

Educational experts have decried home visits as totally subjective and in violation of recognized professional standards for evaluation of education programs. Expert testimony given in this case has been clear: the only reliable indicator of the thoroughness and efficiency of a home school program is student outcomes. The Brunelles and the Pustells have agreed with all other school district requests including a requirement to provide the school district with standardized test achievement results.

| Education Archives |